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A federal choose in Texas on Monday denied an try by Republicans to throw out about 1,27,000 votes already forged within the US presidential election at drive-through voting websites in Houston, a Democratic-leaning space.
The plaintiffs had accused Harris County Clerk Chris Hollins, a Democrat, of performing illegally when he allowed drive-through voting in its place through the coronavirus pandemic.
US District Judge Andrew Hanen mentioned the plaintiffs lacked standing to carry the case. “I find that when you balance the harms you’ve got to weigh in favor of counting the votes,” he added.
The choose additionally faulted the plaintiffs for ready till Oct. 28 to file their case in his courtroom although drive-through voting was used with out problem in July major runoffs.
“Didn’t we test this in the primaries this summer?,” Hanen mentioned throughout a three-hour listening to, including: “Why am I just getting this case?”
Jared Woodfill, a lawyer for the plaintiffs, advised reporters they may attraction to the U.S. fifth Circuit Court of Appeals. They will even attraction an identical loss in state courtroom on Sunday to the U.S. Supreme Court, Woodfill mentioned.
Hollins advised reporters that drive-through voting websites in Harris County, which incorporates Houston, could be open on Election Day as scheduled. “This is a huge win for democracy, especially at a time when it appears that democracy itself is on the ballot,” Hollins mentioned.
Harris County, dwelling to about 4.7 million individuals, is the third-most populous county within the United States. It presently has 10 drive-through polling websites out there to all voters amongst 800 complete voting locations.
Texas, the second-largest U.S. state, is historically a Republican stronghold however polls present a decent race this yr between President Donald Trump and Democratic candidate Joe Biden with greater than 9 million ballots already forged, eclipsing the state’s complete turnout within the 2016 presidential election.
The Texas Supreme Court on Sunday rejected an almost an identical bid by the identical plaintiffs, who embody conservative activist Steve Hotze and judicial candidate Sharon Hemphill, to halt drive-through voting in Harris County. The identical courtroom additionally beforehand denied related challenges introduced by the Texas Republican Party and the Harris County Republican Party.
The lawsuits asserted that the county didn’t have the authority to determine election procedures and that drive-through voting violated the U.S. Constitution’s Equal Protection Clause as a result of voters in different Texas counties don’t have the prospect to participate in drive-through voting.
Hundreds of authorized challenges have been introduced within the months main as much as Tuesday’s Election Day over how Americans can forged their ballots. Democrats have typically tried to ease entry to mail-in and different options to in-person voting, whereas Trump has repeatedly made unfounded assaults on mail-in voting, claiming it results in fraud.
In Nevada, a choose on Monday dealt one other setback to Republicans who had filed a lawsuit claiming ballot-counting measures in Clark County, dwelling to Las Vegas, had been stricken by issues. The ruling discovered the plaintiffs lacked standing and had didn’t current proof that the procedures had led to counting of fraudulent votes.
‘Make Or Break Texas’
Biden’s marketing campaign praised Hanen’s ruling, saying in a press release that it displays a “victory for voters across the country who are exercising their constitutional right to make their voices heard.”
In Houston, Sarah and Dan Jones had been amongst protesters exterior the federal courthouse on Monday morning, and so they introduced their 4 youngsters, ages 10 to 6 months.
They voted at a drive-through web site just a few weeks in the past and came upon Saturday their ballots had been being challenged, they mentioned.
“I’ve never felt so important in my life,” mentioned Sarah Jones, 32. “Harris County can make or break Texas.”
Both voted for Biden. Dan Jones, 38, mentioned he additionally voted for Hemphill, one of many plaintiffs.
“I voted for her, and she’s trying to get my ballot thrown out,” he mentioned.
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